The minimal requirements of notice and a hearing guaranteed by the Due Process Clauses of the 5th and 14th Amendments, esp. if the deprivation of a significant life, liberty, or property interest may occur. • The Supreme Court has ruled that the fundamental guarantees of due process apply to children as well as to adults […]
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lex talionis (leks tal-ee-oh-nis). [Law Latin] The law of retaliation, under which punishment should be in kind — an eye for an eye, a tooth for a tooth, and so on — but no more. — Also termed eye for an eye; jus talionis; principle of retribution. “Kant, for example, expresses the opinion that punishment
The professional work of a duly licensed lawyer, encompassing a broad range of services such as conducting cases in court, preparing papers necessary to bring about various transactions from conveying land to effecting corporate mergers, preparing legal opinions on various points of law, drafting wills and other estate-planning documents, and advising clients on legal questions.
The immunity of one spouse from a tort action by the other spouse for personal injury. • As of 1992, 38 states and the District of Columbia had abolished interspousal tort immunity either by judicial opinion or by statute. Nine states had abolished the rule only in specific instances such as intentional or vehicular torts.
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consensus. A general agreement; collective opinion. See general consent under CONSENT(2). “The regular method for the chair to use is to ask the members, ‘Is it the consensus of this meeting that … is agreed to?’ or, ‘Is it the will of the assembly that … is agreed to?’ or, ‘Is there an objection?’ Consensus
point, n. 1. A pertinent and distinct legal proposition, issue, or argument ( point of error). 2. Parliamentary law. Any of several kinds of requests made in a deliberative body. See REQUEST. point of clarification. A question about procedure or substance. point of information. An inquiry asking a question about a motion’s merits or effect.
law of the circuit. 1. The law as announced and followed by a U.S. Circuit Court of Appeals. [Cases: Courts 96(4). C.J.S. Courts §§ 150, 152–153.] 2. The rule that one panel of judges on a U.S. Circuit Court of Appeals should not overrule a decision of another panel of judges on the same court.
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WESTLAW/WL 韦氏法律文献计算机检索系统 为韦氏集团〔West Group〕的一个计算机辅助法律检索数据库，提供法律文献的在线检索。1975年，韦氏出版公司〔West Publishing Company〕(现称韦氏集团〔West Group〕)的法律文献数据库仅由摘要〔headnotes〕组成，这些摘要按韦氏公司自己的钥匙号或主题排列顺序分类。1978年，韦氏公司开始将法官意见书〔opinion〕的全文收录进去。其范围包括在韦氏公司的全国判例汇编系统〔National Reporter System〕中所报道的意见书，即从1961年到现在所有联邦法院的判决，及从1967年到现在所有州上诉法院的判决。关于联邦判例法的文献中包括韦氏公司的《最高法院判例汇编》〔Supreme Court Reporter〕、《联邦法院判例汇编》〔Federal Reporter〕、《联邦法院判例补编》〔Federal Supplement〕及《联邦规则判例汇编》〔Federal Rules Decisions〕中的全部内容。目前，该数据库收录的法律文献除判例法外，还包括制定法、行政法规和法律期刊。在检索时，一次只能查阅一份文献。检索方法也很灵活，而不是固定不变的，根据描述词〔descriptive words〕、主题/钥匙号、判例的名称或援引〔citation〕、法院规则或自然语言〔natural language〕均可查找到文献。检索或显示的信息由计算机根据每一文件中不同查询术语〔search terms〕的发生频率来排列。当查询者发现相关的援引被显示时，他可以１使用全国判例汇编系统相关卷册的复印文本〔hard copy〕来阅读判例；２调出终端上的全文；或３要求打印该判例。
ruling, n. 1. The outcome of a court’s decision either on some point of law or on the case as a whole. — Also termed legal ruling. Cf. JUDGMENT(1); OPINION(1). [Cases: Courts 88. C.J.S. Courts § 139; Trade-Marks, Trade-Names, and Unfair Competition § 187.] “A distinction is sometimes made between rules and rulings. Whether or
unwritten law. Law that, although never enacted in the form of a statute or ordinance, has the sanction of custom. • The term traditionally includes caselaw. — Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum. “[T]he very words of the court promulgating the opinion and making the decision